Legal Question in Family Law in California
I have a 4 month old daughter with a man who walked out on me early in the pregnancy for another girl. When that relationship fell through he came back. He see's my daughter twice a week after work and one time a month I take her over to his parent's house where he lives for his family to see her. Now his parents are threatening to sue for grandparents visitation because they feel entitled. Can they do that?
1 Answer from Attorneys
If there is an ongoing paternity case between you and the father of your daughter, the answer is technically yes. Whether or not they would be successful is an entirely different question. The usual answer is no, grandparents typically don't have rights. That being said, the law does allow for grandparent visitation if it's determined to be in the child's best interests.
Family Code Section 3104 is legal authority, which states that reasonable visitation rights to grandparents may be ordered if there is a finding that there is a preexisting relationship between the grandparent and the grandchild that has engendered a bond such that
visitation is in the best interest of the child and the Court balances the interest of the child in having visitation with the grandparent against the right of the parents to exercise their
parental authority.
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